Despite the fact that on-the-job injuries are common, no one is prepared to suffer catastrophic injuries at work. However, when it happens to you, it is important to understand your legal options. California law requires all employers with one or more employees to protect their staff with workers’ compensation protection coverage.
You may be able to file a claim with the insurance company and access the workers’ comp benefits you are entitled to receive. However, if your employer discourages you from seeking these benefits or the insurance company attempts to deny your claim, you may be in need of legal guidance and support. A reputable Irvine workers’ compensation lawyer at The Simmrin Law Group can help.
An Irvine personal injury attorney at our firm can go up against profit-motivated insurance companies to get your denial overturned on appeal. Find out more about how workers’ compensation benefits work in California and whether you meet the eligibility requirements when you contact our office for a free consultation today.
Benefits You Get with Workers’ Compensation Approval
Although workers’ compensation benefits are unlikely to fully cover you after a work-related car accident or other workplace injury, they are designed to help you cover your necessary expenses so you can avoid financial ruin and get back to work.
Once your claim is approved, there are several types of workers’ comp benefits you could collect as part of your claim package, some of the most common of which include the following:
Vocational Rehabilitation Benefits
Vocational rehabilitation benefits are a type of workers’ compensation that covers your higher education tuition or necessary job training. Not every person dealing with work-related injuries will qualify for vocational rehabilitation benefits. In fact, if you will eventually be returning to work in your previous position once your injuries have healed, these benefits may not apply to you.
However, suppose your injuries are catastrophic or so severe that you will not be able to continue working within the same industry or job position. In that case, you may need to go back to school or obtain additional driver training to get back to work. College tuition, trade schools, and job training seminars are costly. Fortunately, your employer’s workers’ compensation protection coverage will provide compensation for these programs.
Death Benefits for Surviving Family Members
Suppose someone you love was involved in an on-the-job accident and ultimately succumbed to their fatal injuries. As surviving family members, you may have the right to workers’ compensation death benefits. Here, the insurance company will cover your family member’s funeral and burial expenses. They will also be responsible for compensating your family for the total value of the decedent’s medical bills.
As dependent surviving family members, you can collect death benefits, including:
- Surviving spouses
- Surviving children
- Surviving adopted children
- Surviving stepchildren
- Other financial dependents
Generally, you can continue receiving these death benefits until you reach the maximum number of weeks allowable under the California workers’ compensation statute.
Total Coverage of Medical Expenses
Every single medical expense related to your on-the-job injury should be taken care of by the insurance company. Your employer’s workers comp insurance provider will need to cover not only your prescription medications and medical treatment, but any medical devices you might require, the costs of hiring home health care providers, the expenses related to making home accommodations when you are diagnosed with a permanent disability, and any future medical care you might require due to the impact of your work injuries.
It is important that you do not settle with the insurance company or accept a lump sum offer without first reviewing it with your attorney. If you accept a lump sum settlement offer, you will release the insurance company from liability for these future expenses.
One of the most common reasons insurance companies will make lump sum settlement offers is to avoid the often expensive medical expenses that victims incur in the years and decades after their injuries.
Disability and Wage Replacement
One of the most essential types of workers’ compensation benefits that will be available is disability benefits. Also commonly known as wage replacement benefits, you can expect to collect approximately 2/3 of your average weekly income until you heal from your injuries and can return to work.
Certain types of injuries have a maximum number of weeks allowable, at which point your benefits may need to be converted to permanent disability benefits, or your workers’ compensation benefits will be terminated. You can find out more specific information about how long you can collect your disability benefits when you discuss the circumstances of your case with your workers’ compensation attorney in Irvine, CA.
How to Qualify for Workers’ Compensation in Irvine
Many injury victims have concerns that they will not meet the eligibility requirements for workers’ compensation application approval. However, the only stipulation for approval is that your injuries occurred within the scope of your job responsibilities.
You must also be considered an employee. Typically, independent contractors will not be eligible for workers’ compensation benefits through their client’s workers’ comp insurance providers. However, if you are part-time, full-time, seasonal, or temporary, you would still meet the eligibility requirements for workers’ compensation.
Get Help from a Workers’ Compensation Lawyer in Irvine, CA
When your work-related injury is so severe you need to take time off to heal or has resulted in significant physical injuries, it is crucial to get the financial benefits you deserve. This way, you can keep your family afloat while you heal and learn to live with any permanent ramifications associated with the accident and your subsequent injuries. Accessing workers’ compensation benefits could be the solution to meet these needs.
However, suppose your employer or the insurance company is standing in your way. When this happens, you may need an experienced Irvine workers’ compensation attorney at The Simmrin Law Group to step in and advocate for your rights.
Learn more about how workers’ comp appeals work and how much you should be awarded when you contact our office for a free, no-obligation consultation. You can reach us through our convenient contact form or by phone to get started on your case as soon as today.